IC 14-33-14
    Chapter 14. Cumulative Maintenance Fund

IC 14-33-14-1
Applicability of chapter
    Sec. 1. This chapter applies to a district having channelimprovements, levees, and water retarding or impoundmentstructures.
As added by P.L.1-1995, SEC.26.

IC 14-33-14-2
Exemptions
    Sec. 2. This chapter does not apply to the following:
        (1) A water supply structure or the water supply part of amultiple purpose structure if provision has been made formaintenance from revenues of a water system.
        (2) Sewage works.
As added by P.L.1-1995, SEC.26.

IC 14-33-14-3
"Fund" defined
    Sec. 3. As used in this chapter, "fund" refers to a cumulativemaintenance fund established under this chapter.
As added by P.L.1-1995, SEC.26.

IC 14-33-14-4
Establishment of fund
    Sec. 4. A district shall establish a cumulative maintenance fund inthe year following commencement of construction or assumption ormaintenance of the channel improvements, levees, and waterretarding or impoundment structures so that the works ofimprovement are adequately maintained.
As added by P.L.1-1995, SEC.26.

IC 14-33-14-5
Budget and appropriations to fund
    Sec. 5. (a) The board shall budget and appropriate annually to thefund an amount equivalent to ten percent (10%) of the annual cost ofmaintenance for the works of improvement as the cost is:
        (1) stated in the district plan; or
        (2) adjusted under section 8 of this chapter.
    (b) Money accumulated in the fund may be used for emergency orunusually expensive maintenance of the works of improvement.
As added by P.L.1-1995, SEC.26. Amended by P.L.228-2003, SEC.1.

IC 14-33-14-6
Suspension of appropriations
    Sec. 6. (a) If an amount equivalent to two (2) times the annualcost of maintenance of the works of improvement, as stated in thedistrict plan or as the cost is adjusted under section 8 of this chapter,

has accumulated in the fund, appropriations to the fund shall besuspended until the year that the amount in the fund is not more thanequal to the annual cost of maintenance of the works of improvementas stated in the plan or the adjusted annual cost.
    (b) The money in the fund may be invested and reinvested inwhole or in part in accordance with IC 5-13-9.
As added by P.L.1-1995, SEC.26. Amended by P.L.228-2003, SEC.2.

IC 14-33-14-7
Normal maintenance work budgeted
    Sec. 7. The appropriation to the fund does not relieve the board ofthe duty to budget annually the normal maintenance work anticipatedduring the next fiscal year.
As added by P.L.1-1995, SEC.26.

IC 14-33-14-8
Adjusted annual cost of maintenance
    Sec. 8. (a) As used in this section, "cost index source" refers to theEngineering News Record Construction Cost Index, as published byMcGraw Hill Construction or its successor.
    (b) Before January 1, 2006, the board of a district may elect toadjust the annual cost of maintenance of the works of improvementas stated in the plan, as calculated in subsection (d), if the followingconditions are met:
        (1) The board has at a meeting adopted a resolution that setsforth:
            (A) the annual cost of maintenance of the works ofimprovement as stated in the plan, and the year when theannual cost was stated in the plan; and
            (B) the new, adjusted annual cost of maintenance of theworks of improvement.
        (2) The calculation under subsection (d) has been verified byeither the state conservation engineer for the Natural ResourcesConservation Service of the United States Department ofAgriculture or a professional engineer licensed underIC 25-31-1.
        (3) The board has provided a copy of the resolution to thedepartment of local government finance (established byIC 6-1.1-30-1.1) within sixty (60) days of adoption.
    (c) If the board of a district adopts a resolution under section(b)(1), a copy of the resolution must be included in the district'sannual report, and a copy of the annual report must be provided tothe local circuit court and the department of natural resources.
    (d) The annual cost of maintenance of the works of improvementas stated in the plan of a district may be adjusted to an amount not toexceed the amount determined as follows:
        STEP ONE: Determine the cost index from the cost indexsource for the most recent year.
        STEP TWO: Determine the cost index from the cost indexsource for the year that the annual cost of maintenance of the

works of improvement was stated in the plan.
        STEP THREE: Divide the number determined in STEP ONE bythe number determined in STEP TWO.
        STEP FOUR: Multiply the result of STEP THREE by theannual cost of maintenance of the works of improvement that isstated in the plan.
As added by P.L.228-2003, SEC.3.